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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law for Colorado on
Q: CO judge denied motion to waive mediation - should I file motion for reconsideration?

I requested waiver from mediation due to psychological abuse. The Court denied the motion.

CRS 13-22-311 (1): "Any court of record may... refer any case for mediation services or dispute resolution programs... except that the court shall not refer the case to mediation services or... Read more »

Sabra M. Janko
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answered on Sep 24, 2022

Courts have a lot of discretion and with psychological abuse likely you did not hav a protection order and the Court found the other parties testimony on the point more credible. It does not appear that you have a slam dunk case. You can not introduce new evidence and you have to allege an error of... Read more »

0 Answers | Asked in Family Law, Civil Rights and Juvenile Law for Colorado on
Q: Motion would I file to submit new evidence into a case I was a special respondent too? Why are 99% atty afraid of CPS?

If I have evidence and 100% validated proof to show the prejudices that CPS had conducted, is it heard of to submit this evidence even after a termination of parental rights? I can prove manipulation, bribery, interference from the dept before, during & after a families homestudy. There is a... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
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answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My 17 year old signed a military contract. His ship date was delayed. Is he still emancipated in CO before he ships?

My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... Read more »

Sabra M. Janko
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answered on Sep 12, 2022

Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Tax Law for Colorado on
Q: How are taxes done after a divorce if I'm the custodial parent?

Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?

Sabra M. Janko
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answered on Sep 9, 2022

It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do I get custody of our granddaughter?

We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 7, 2022

In short, you need to find a family law attorney to look into filing a child custody case on your behalf.

In general, parents have first priority in regards to the custody of their children unless there is another factor at play. The fact that you have had custody for a prolonged period of...
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0 Answers | Asked in DUI / DWI and Family Law for Colorado on
Q: Can The department of human services take my kids/keep my kids from me?

The department of human services take my kids/keep my kids from me? I have a live-in boyfriend that talked me into doing coke for the first time this last weekend. It was at an adult party where no kids were present and it was a one time thing. Or at least it was for me... The other day I got a... Read more »

0 Answers | Asked in Family Law for Colorado on
Q: My sons great Aunt took care of my son while I finished doing my remainder 5 and half mths in prison. when I got out she

Filed a motion for parental responsibilities and she still has my son

0 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I need help with getting my parental rights back from my mother. She won't contest it! Where do I start

I signed an APR about 4 yrs ago when my mom got custody of my daughter now that I've got my life in order my mom wants to give her back..

0 Answers | Asked in Family Law for Colorado on
Q: I am 16 years old in Colorado and I have been planning on getting emancipated. Do I need parental permission?

I know all states have different requirements on parental permission. I know my parents are not going to support my decision and if Colorado requires parental approval I may not be able to get emancipated.

0 Answers | Asked in Contracts and Family Law for Colorado on
Q: I have a college fund and I want to get it in my name. It's been used as financial leverage against me

I have no information regarding the account I have absolutely no documentation. I'm trying to see what I can do in order to get that documentation or what steps I need to go do moving forward to help get this account in my name. The account itself I believe is in Connecticut but I am in Colorado

0 Answers | Asked in Child Support and Family Law for Colorado on
Q: Can I be be sued for child support after child turns 19 but before they turn 21?

Just found out I may have a child over the age of 19 but under the age of 21 in Colorado. Can a child support order be entered against me (for back child support or going forward)?

0 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Colorado on
Q: If I after 12 years reveal that my brother secretly video taped his friends 14 year old daughter in the showercanhesue

Hes threatened Defamation Lawsuits if I expose him. I've told my mother. She's done nothing. He's now an onlyfan pimp as a hobby behind his wife's back. He also has a 14 year old daughter now. I need to know what steroids to take.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and

My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and all equity in it approximately $400k. I had to wait until he became old enough to obtain early retirement before I could claim on the pension. That's why I had to wait the 6... Read more »

Sabra M. Janko
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answered on Aug 24, 2022

You can only enforce what the court order says. It can not be changed after the fact. However, if something is happening that conflicts with the agreement, you can enforce it.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: 50-50 custody, ex just packed up our 12-yr-old's belongings and told me to come pick her up, which I did. Do I need to

File for change of parental responsibility? On arrival, I recorded our conversation for proof that this is his decision.

Paul Morgan Gaide
Paul Morgan Gaide
answered on Aug 24, 2022

If your child's father is certain that he wants a long term change in parenting time, and the same is in the best interest of your child, the least expensive and quickest manner to achieve a Court's recognition of the change is to enter into a Stipulation to Modify Parenting Plan and... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Can my ex wife ask for child support if she voluntarily quit her job to start her own business that has reduced income

My ex wife and I agreed to no child support over 12 years ago (she would have owed me $350/month). About 5 years ago she voluntarily quit her job to start her own business and it has caused a reduction in income and she lives with her boyfriend that mostly supports her. Can she make a modification... Read more »

Sabra M. Janko
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answered on Aug 22, 2022

Yes, but you can argue that she should be imputed a higher income.

1 Answer | Asked in Family Law for Colorado on
Q: My steps sons bio mom refuses to allow him to get on ADHD meds after a diagnosis, is this neglect?

He struggles in school, with peers and teachers, at home, he is very compulsive, and can’t not build relationships with peers because of his disorder.

Sabra M. Janko
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answered on Aug 5, 2022

It is not neglect. Parents have authority to determine medical care for their children. There are many parents who prefer alternative approaches, such as nutrition, exercise, therapy, coaching etc.

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I am wondering howto formally present evidence that witnesses and the other party haveliedunder oath

I’m involved in a child custody case, which just went to final orders hearing 2 days ago tho we have a month until orders are issued ...where I have proof that the plaintiff (father) as well as my stepfather (bc my mom and stepfather are trying to gain custody of my child for my... Read more »

Sabra M. Janko
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answered on Aug 5, 2022

The hard reality is that you have one bite at the apple. The Court will not rehear the case to hear evidence that could have previously been presented. Otherwise there would be no finality, and cases could never end.

1 Answer | Asked in Family Law for Colorado on
Q: I have an extensive testimony, as the Respondent in a child custody case..can i read this detailed testimony from paper?

I have a lot to say during our upcoming finals order hearing..I am pro se. but I won’t have time to memorize it its very detailed/technical and extensive. Will Ibe allowed to read from a sheet of paper this content that Ineed to share to our Judge? And if not, would note cards be allowed? Also, I... Read more »

Sabra M. Janko
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answered on Aug 1, 2022

You will have to testify without reading anything. There are rules that allow you to introduce a writing into evidence and read from it if you have to refresh your recollection.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can my daughters grandparents sue me for visitation rights?

My daughter is going to be one year old next month. Her father and I already have a court order and it states that he’s supposed to get her every other weekend. However he hasn’t followed it since it was put in place and he even moved states. His parents ask to see her and I allow them to, I... Read more »

Sabra M. Janko
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answered on Jul 26, 2022

If they have provided substantial care to her for six months out of the past year they would have standing to request parenting time. The care has to be more than babysitting.

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